Summary AdministrationProbate for small estates

Many Floridians don't realize that a family member or other interested
person is allowed to settle an estate. It is a myth that an attorney
must be involved in every estate. If an estate is small enough to
qualify for the Summary Administration of Estate process; or is even
smaller and qualifies for Disposition without Administration a family
member or personal representative may be able to handle the paperwork
pro se.

It is common for someone to pass away owning property in Florida, such as a
second home or timeshare. Their primary estate may have already been settled in their home
state, but the family then discovers that in order to sell or use the
property in Florida they must go through probate in Florida. In our
current depressed real estate market many second homes are valued well
under $75,000. which allows an estate to be probated through Summary
Administration of Estate.

Is there a will?Is the will self-proved?

If the decedent left a proper will or if there is no will but there is a
surviving spouse, the paperwork is fairly straightforward. It is
important to determine early on whether the will, if there is a will,
was properly made – is self-proving. In Florida there is a separate
document that is required, and nowadays is usually created at the same
time as was the will, called a Self-Proving Affidavit. This affidavit is
usually attached to the will at the time of signing and they are kept
together until needed. The Self-Proving Affidavit verifies the validity
of the will, and the identity of the witnesses.

Summary Administration of Estate

Summary Administration of Estate is generally available only if the
value of the entire estate is valued at less than $75,000; and if the
decedent’s debts are paid. The summary administration process is also
available if the decedent passed away more than two years prior to filing the Petition for Summary Administration.

Florida Statute 735.203

Petition:

(1) A petition for summary administration may be
filed by any beneficiary or person nominated as personal representative
in the decedent’s will offered for probate. The petition must be signed
and verified by the surviving spouse, if any, and any beneficiaries
except that the joinder in a petition for summary administration is not
required of a beneficiary who will receive a full distributive share
under the proposed distribution. However, formal notice of the petition
must be served on a beneficiary not joining in the petition.

Despite the plain language of the above statute some clerks of court and even some judges are adamant that a Petition for Summary Administration of Estate must be signed and filed by an attorney.

Disposition Without Administration

An alternative to the summary administration process is "Disposition
Without Administration." To use this process, the value of the estate
may not exceed the total of funeral expenses; the amount
of all reasonable and necessary medical and hospital expenses incurred
in the last 60 days of the decedent’s final illness; and the value of exempt personal property.

735.301 Disposition
without administration.—

(1) No
administration shall be required or formal proceedings instituted
upon the estate of a decedent leaving only personal property exempt
under the provisions of s. 732.402,
personal property exempt from the claims of creditors under the
Constitution of Florida, and nonexempt personal property the value of
which does not exceed the sum of the amount of preferred funeral
expenses and reasonable and necessary medical and hospital expenses
of the last 60 days of the last illness.

(2) Upon
informal application by affidavit, letter, or otherwise by any
interested party, and if the court is satisfied that subsection (1)
is applicable, the court, by letter or other writing under the seal
of the court, may authorize the payment, transfer, or disposition of
the personal property, tangible or intangible, belonging to the
decedent to those persons entitled.

(3) Any
person, firm, or corporation paying, delivering, or transferring
property under the authorization shall be forever discharged from
liability thereon.